IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.32216/2016 (EDN-EX)

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1 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7 TH DAY OF NOVEMBER, 2016 BEFORE THE HON BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.32216/2016 (EDN-EX) BETWEEN: SHRUTI.R DAVEY D/O RAJNIKANT R DAVEY AGED 30 YEARS RESIDING AT 52/09 PONNAPPA CHETTY STREET SOWCARPET, CHENNAI (BY SMT. P. ANU CHENGAPPA, ADV.)... PETITIONER AND: 1. THE REGISTRAR (EVALUATION) OFFICE OF THE REGISTRAR (EVALUATION) PAREEKSHA BHAVAN JNANABHARATHI CAMPUS BANGALORE PRINCIPAL SESHADRIPURAM LAW COLLEGE SESHADRIPURAM, BANGALORE UNIVERSITY GRANTS COMMISSION BAHADURSHAH ZAFAR MARG NEW DELHI RESPONDENTS (BY SRI. T.P RAJENDRA KUMAR SUNGAY, ADV. FOR R1 SRI. KRISHNA DIXIT, ADV. FOR R3; R2- NOTICE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

2 2 R-1 TO ISSUE THE FINANCIAL STATEMENT AND HALL TICKET TO THE PETITIONER TO ENABLE HER TO APPEAR IN THE LL.B EXAMINATION COMMENCING ON AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This court by an order dated , dismissed the prayers sought in this writ petition at Sl. Nos. (a) and (b) as not pressed at the instance of the learned counsel for the petitioner and the petition is confined only with regard to prayer (c). 2. Accordingly, the petitioner in this writ petition is seeking a writ of mandamus to direct the respondent No. 1 and 2 to conduct separate examination to enable the petitioner along with others similarly placed, to appear for the subjects pending to be cleared by him in three years LL.B. Course. 3. Today, when the case was called out, Sri. T.P.Rajendra Kumar Sungay, learned counsel for the first respondent University filed a memo along with the extract of proceedings of the Ordinary Meeting of the

3 3 Academic Council held on which reads as under:- EXTRACT OF THE PROCEEDINGS OF THE ORDINARY MEETING OF THE ACADEMIC COUNCIL HELD ON Item No.7: UÀ và CªÀ üaiàä è ÀzÀ«ÀjÃPÉëAiÀÄ ÀÄß véuézàäpéæ¼àîzéã C ÀÄwÛÃtðgÁzÀ «záåyðuà½ué ÀjÃPÉë véuézàäpéæ¼àî Ä CªÀPÁ±À PÀ à ÀĪÀ UÉÎ. Resolution: The Vice-Chancellor briefed the house that, in view of the issuance of Guidelines by UGC circulated to all Universities vide their letter No.D.O.F.12-1/2015 (CPP-II) on determination of uniform span period within which a student may be allowed to qualify for a degree, on the request of the candidates and as per resolution of the Academic Council held on 29/03/2016, a letter was sent to UGC requesting for grant of permission to candidates who have failed to complete the course within maximum stipulated period of time as per the existing University Regulations, to take one more examination in the failed subjects as one time measure. The UGC vide its letter No. D.O.F.4-1/2016 (CPP-II) dated September 2016 has clarified that the above said new UGC Guidelines regarding uniform span period have no retrospective effect and the University can take a decision in the matter with the approval of its competent bodies. Accordingly, now the Academic Council has to take a decision regarding grant of one more opportunity as onetime measure to all the failed UG/PG candidates who could not complete their courses by passing all the subjects within the maximum stipulated period in the Regulations.

4 4 After detailed discussion, it was unanimously resolved to provide one more opportunity (Odd & Even Semesters) as a onetime measure to all the failed candidates except Medical and Dental courses to appear & pass the failed subjects whenever such examinations are conducted by the University. However, such opportunity may be given to all PG courses during December/January (odd semesters) and May/June 2017 (even Semesters) and for UG courses during April/May 2017 (even semesters) and November/December 2017 (odd semesters) examinations. For LLB 3/5 year courses since all semesters (odd & even) are conducted simultaneously, they may be granted permission in Dec 2016/Jan 2017 exams and for Engineering courses, such examinations may be conducted some time during Further annual scheme UG & PG candidates may be permitted to appear for exams along with students of Directorate of Correspondence course & Distance Education. Further, grant of said permission is applicable only to those candidates who have completed the course with required attendance but failed in some subjects. All such candidates shall write the exam as per the existing/new syllabus only and this shall be the last chance and shall not be extended further under any circumstances and this shall not be a precedent. 4. In view of the above, a resolution has been passed by the respondent - University to permitting the failed students of 3 / 5 year LLB Course (both Semester

5 5 and Annual Schemes) to appear for the examination to be conducted in December 2016/January The learned counsel submits that the prayer sought in the writ petition is virtually granted by the first respondent in terms of the above resolution and hence the petition does not survives for consideration by this court. 5. The statement/submission made by the learned counsel for the first respondent on instructions is not disputed by the learned counsel for the petitioner Smt. Anu Chengappa and she fairly submits that the prayer sought in the writ petition has been virtually answered by the first respondent in terms of the resolution dated The submission is placed on record. Accordingly, writ petition stands disposed of. Bsv Sd/- JUDGE